Human Resource Blog

ADA in Tennessee

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Does the ADA apply to every company in Tennessee?

The Americans with Disabilities Act is a federal Act that helps to ensure that when a covered employer has a disabled employee or job applicant working for him or her, the employer cannot discriminate against the employee for reasons that are based on the disability that the employee has. Employees are covered for a variety of reasons.

Because the Act is a federal Act, it pertains not only to employees and employers in the state of Tennessee, but also to employers and employees in other states around the country. An employer is covered by the Act as long as the employer has at least 15 employees working for him or her for at least a calendar year.

Many types of disabilities are covered by the Act, including both mental and physical disabilities. An example of a covered physical disability could be a missing limb or a visual impairment. An example of a covered mental disability could be an addiction or depression.

The ADA requires that employers make reasonable accommodations for employees that have disabilities. For example, if an employee has a mental disability, the employer might have to work around an addiction treatment schedule or create a program to help accommodate treatment for depression. If an employee has a missing limb, the employer might have to provide the employee with a modified work station.

Employers are prohibited from discriminating against covered workers during any employment-related period, including periods of hiring, termination, staffing, promotion, and compensation. Employers may be required to prove their reasoning, if they are ever questioned to do so.

Also, the ADA only protects current employees and job applicants to covered companies. The Act does not protect workers that are not disabled. The Act also does not protect covered employees from discrimination that is based on grounds other than the disability. Furthermore, the Act does not protect customers or clients of the employee. CB